LETTER
TO GOVERNOR BUSH
FROM CHAIRPERSON MARY
FRANCES BERRY

March 8, 2001

Via Facsimile and U.S. Mail

The Honorable John Ellis Bush
Governor
Office of the Governor
The Florida Capitol
Tallahassee, FL 32399-0001

Dear Governor Bush:

I am writing to express my deep disappointment with your statement of
priorities that was presented during the opening of the Florida legislative
session, in which you did not address the most serious problems that occurred in
Florida during the 2000 elections. My disappointment is based on my preliminary
assessment that these problems would not be resolved even if the legislature
approved your request that new technology for recording votes be acquired and
put into place. Voting technology reforms are necessary and your support of them
is a step in the right direction. These measures standing alone, however, are
insufficient to address the significant and distressing issues and barriers that
prevented qualified voters from participating in the recent Presidential
election.

As you know, the Commission has undertaken a formal investigation into
allegations by Floridians of voting irregularities arising out of the November
7, 2000 Presidential election. The Commission has held two fact-finding hearings
in Florida to examine whether eligible voters faced avoidable barriers that
undermined their ability to cast ballots and have their ballots counted in this
closely contested election.

In total, over 100 witnesses testified under oath before the Commission,
including approximately 65 scheduled witnesses who were selected for the two
hearings due to their knowledge of and/or experience with the issues under
investigation. The Commission heard testimony from top elected and appointed
state officials, including your own testimony, that of the Secretary of State,
the Attorney General, the Director of the Florida Division of Elections and
other Florida state and county officials. A representative of Database
Technologies, Inc. [Choicepoint], a firm involved in the controversial,
state-sponsored removal of felons from the voter registration rolls also
testified.

We also heard the sworn testimony of registered voters and experts on
election reform issues, election laws and procedures and voting rights. Also,
the Chair and Executive Director of the Select Task Force on Election Reforms
that you established testified before the Commission. Testimony was also
received from the supervisors of elections for several counties, county
commission officials, law enforcement personnel, and a states attorney. In
addition to the scheduled witnesses, the Commission extended an opportunity for
concerned persons, including Members of Congress and members of the Florida
State Legislature, to submit testimony under oath that was germane to the issues
under investigation. Significantly, the Commission subpoenaed scores of relevant
documents to assist with this investigation.

The evidence points to an array of problems. These problems cry out for
solutions, for example, a process for insuring the equitable allocation of
resources to insure that poor and or people of color areas are not
disproportionately affected. They also include a better process for identifying
felons who are ineligible to vote, insuring coordination between the DMV and
election boards to make sure registrations are actually filed and on a timely
basis, funds for better training of poll workers, improved and updated
communication systems, funds for voter education, and clarifications in the law
to permit provisional ballots to be cast, when appropriate. As you know,
counties have uneven funding bases and priorities.

Because I believe the need to address these problems is serious, I have
determined that the Commission should hold additional hearings in Florida after
the conclusion of the legislative session to bring state and local officials
before us to assess what changes have been legislated or enacted at the state
and local level and to report to the public on what progress has been made.

I expect the Commission to formally endorse the new hearings at our meeting
on March 9, 2001. We intend to keep a steady focus on these developments to
ensure that the voting rights of all eligible persons are protected.